A businessman from Garissa County has been awarded Sh1.5 million after he filed a case to stop the government from interfering with his parcel of land.
Mr. Mahat Kuno Roble and his four business associates had moved to court after the government reserved the land for military activities that were being occupied by Garissa Military Camp.
The Court of Appeal upheld the decision of Environment and Lands Court to stop the Ministry of Defence from interfering with the parcel of land.
This is after the Attorney General appealed the ruling of the court to award Sh1.5 million as damages and to transfer the ownership of the land to Mr. Mahat.
State Counsel Motari Matunda in his application said the Defence Ministry, Attorney General (AG) and the public would suffer irreparable loss if the decision by Justice Boaz Olao is not overturned.
Justice Daniel Musinga rejected Attorney General’s application for extension of time to appeal the ruling saying that the application was filed nearly eight months and that they failed to adhere to regulations of the Court of Appeal.
“Further, the applicants had not filed a draft memorandum of appeal to demonstrate that the intended appeal had any chance of success,” said Justice Musinga as quoted by Daily Nation.
Mr. Mahat told the court that following the ruling, the government has failed to comply with the orders.
Judge Olao had ruled that the State failed to provide evidence to show that the said land had at any time been gazetted as public land for use by the Garissa Barracks.
Judge Olao further ruled that Mr. Mahat had valid titles to the land and that the government was in the wrong in demolishing the perimeter wall around the suit properties.
Judge Musinga in his ruling upheld the decision by Judge Olao and ordered the government to pay Mr. Mahat Sh1.5 million as damages and to stop interfering with the parcel of land.